- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (22/07/2004)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/10/2004
Point in time view as at 22/07/2004.
There are currently no known outstanding effects for the Fire Precautions Act 1971 (repealed), Cross Heading: Consultation between fire and other authorities.
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Textual Amendments
F1S. 15 repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7
(1)Where it is proposed to erect a building or to make any extension of or structural alteration to a building and, in connection with the proposals, plans are, in accordance with building regulations, deposited with a local authority, then, if it appears to the local authority likely—
(a)that the first use to which any premises constituting or comprised in the building or, as the case may be, the building as extended will be put after the proposals are carried out will be a use which at the time of the deposit of the plans was a designated use; or
(b)that the first use to which any such premises will be put after the proposals are carried out will be use as a dwelling, and that one or more of the conditions set out in section 3(1)(a) and (b) of this Act will then be fulfilled as regards those premises,
the local authority, if they are not the fire authority, shall consult the fire authority before passing the plans.
(2)Where it is proposed to change the use to which a building or part of a building is put and, in connection with that proposal, plans are, in accordance with building regulations, deposited with a local authority, then, if it appears to the local authority likely—
(a)that the first use to which any premises constituting or comprised in the building will be put after the time when that change of use occurs will be a use which at the time of the deposit of the plans was a designated use; or
(b)that the first use to which any such premises will be put after the time when that change of use occurs will be use as a dwelling, and that one or more of the conditions set out in section 3(1)(a) and (b) of this Act will then be fulfilled as regards those premises,
the local authority, if they are not the fire authority, shall consult the fire authority before passing the plans.
(3)This section does not extend to Scotland.
Modifications etc. (not altering text)
C1S. 16 applied (with modifications) (1.12.1997) by S.I. 1997/1840, reg. 17(1)(2)(3)(a)
(1)Before a fire authority—
(a)serve on the applicant for a fire certificate with respect to any premises a notice under section 5(4) of this Act informing him that they will not issue a certificate unless alterations are made to the relevant building; or
(b)serve in respect of any premises a notice under section 8(4) or (5) [F2, section 9D] or section 12(8)(b) of this Act mentioning as a step which would have to be taken [F2or, in the case of a notice under section 9D, which must be taken] anything involving the making of alterations to the relevant building,
the authority shall—
(i)if the premises are situated in England or Wales . . . and the fire authority are not the local authority for the area in which the premises are situated, consult that local authority; . . . F3
(ii)if the premises are situated in Scotland, consult the [F4local] authority (within the meaning of . . . F5 the M1Building (Scotland) Act 1959) for the area in which the premises are situated, [F6and]
[F7(iii)if the premises are used as a place of work and are within the field of responsibility of one or more enforcing authorities within the meaning of Part I of the M2Health and Safety at Work etc. Act 1974, consult that authority or each of those authorities.]
(2)For the avoidance of doubt it is hereby declared that a local authority [F8buildings authority or other authority] who have in accordance with this section been consulted by a fire authority proposing to serve any such notice as is mentioned in subsection (1) above may be a person aggrieved within the meaning of section 9 of this Act.
[F9(3)Section 18(7) of the M3Health and Safety at Work etc. Act 1974 (meaning in Part I of that Act of “enforcing authority” and of such an authority’s “field of responsibility”) shall apply for the purposes of this section as it applies for the purposes of that Part.]
Textual Amendments
F2Words inserted by Fire Safety and Safety of Places of Sport Act 1987 (c. 27, SIF 50), ss. 7(3), 50(2)
F3Word repealed by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 10
F4Word substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 Pt. II para. 30(a)
F5Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29
F6Word added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(a)
F7S. 17(1)(iii) added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(a)
F8Words substituted by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(b)
F9S. 17(3) added by Health and Safety at Work etc. Act 1974 (c. 37), s. 78(1)(6)(c)
Marginal Citations
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